Legal Opinion · Dissent

Gawenis v. Arkansas Oil & Gas Commission

Supreme Court of Arkansas

Decided May 28, 2015No. CV-14-648Published

1DissentJosephine Linker Hart, Justice

| ^Richard G. Gawenis argues that he is entitled to a jury trial under the Arkansas Constitution. The majority, however, declines to address the issue. Because Gaw-enis is correct, I respectfully dissent.. The Arkansas Constitution provides as follows:

No property, nor right of way, shall be appropriated to the use of any corporation, until full compensation therefor shall be first made to the owner, in money; or first secured to him by a deposit of money; which compensation, irrespective of any benefit from any improvement proposed by such corporation, shall be ascertained by a jury of twelve…

2Cases cited4 opinions

  1. Osborn v. Arkansas Territorial Oil & Gas Co.Supreme Court of Arkansas · 1912
  2. O'BRIEN v. PrimmSupreme Court of Arkansas · 1967
  3. J. M. Young v. Ethyl CorporationCourt of Appeals for the Eighth Circuit · 1975
  4. Jameson v. Ethyl Corp.Supreme Court of Arkansas · 1980

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